NJDOT AGAIN RUNS TO COURT TO DECLARE EMINENT DOMAIN AFTER LAKEWOOD PROPERTY OWNER DELAYS ROUTE 9 INTERSECTION WIDENING PROJECT


The New Jersey Department of Transportation (DOT) is once again running to court because a Lakewood property owner is delaying their long-awaited Route 9 intersection widening project, FAA News has learned.


As first reported here on FAA News, in September 2022, DOT finally got the shovel in the ground on their long-awaited Route 9 intersection widening project through Lakewood and Toms River.


Construction began with utility relocation. The majority of the water main work in Toms River is complete, and about 80 percent of the overhead utility wires have been relocated throughout the project. There is ongoing work throughout the project limits that includes watermain, sewage, telecommunication, and overhead electric/cable relocations, as well as some electrical work to upgrade traffic signals, a NJDOT spokesperson confirmed to FAA News.


This project includes new left turning lanes from Route 9 north and southbound onto Spruce Street.


However, Big Shop, LLC (agent: Charles Silberberg), the owner of the shopping center at 681 River Avenue at the corner of Spruce Street, is delaying the construction by refusing to sign off the necessary right of way acquisition on a pavement easement.


The kicker is that the acquisition is for an easement which has been appraised at $500.





In response, and to keep the road project on track, the DOT has just today filed legal action seeking for the Superior Court to grant the immediate "taking of the lands" by the Power of Eminent Domain.


The DOT is represented by Deputy Attorney General Fredric R. Cohen from the New Jersey Attorney General's Office.


"Plaintiff has been unable to acquire said interest in the land and premises through bona fide negotiations with the property owner," wrote DAG Cohen in his court filing which seeks an Order to Show Cause ordering the property owner to appear in court and "show cause" why judgment should not be entered declaring that DOT is authorized to, and has duly exercised its Power of Eminent Domain as to the property and rights for public use.


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